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Home My WebLink About07682 ORD - 08/18/1965Bjw:8/12/65 s AN ORDINANCE WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, HAS DETERMINED THE NECESSITY FOR, AND HAS DECIDED TO IMPROVE THE HEREIN- AFTER NAMED STREETS WITHIN THE CITY OF CORPUS CHRISTI, IN THE MANNER HEREIN PROVIDED: NOd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THERE EXISTS A PUBLIC NECESSITY FOR, AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY DETERMINE THAT IT IS NECESSARY TO IMPROVE THERFOLLOWING STREETS WITHIN THE SAID ' CITY IN THE MANNER HEREIN PROVIDED, TO —WIT: 1. COMANCHE STREET, FROM PORT AVENUE TO PALM DRIVE; 2. BLUNTZER STREET, FROM PORT AVENUE TO COMANCHE STREET; 3: PALM DRIVE, FROM COMANCHE STREET TO LIPAN STREET; s jF BEACH AVENUE, FROM U. S. HIGHWAY 181 TO TIMON BLVD; 5. PUEBLO STREET, FROM BALDWIN BLVD. TO PINE STREET; 6. FIFTEENTH STREET, FROM BALDWIN BLVD. TO CRAIG STREET. SECTION 2. THAT IT IS HEREBY ORDERED THAT SAID STREETS, WITHIN THE LIMITS ABOVE DESCRIBED, SHALL BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING, OR REPAIRING SAM El BY THE CONSTRUCTION, RECON- STRUCTION, REPAIRING OR REALIGNING CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINED ADEQUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, TOGETHER h� \ 682 i 1 WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS TO BE PREPARED BY SAID DIRECTOR OF PUBLIC WORKS, SAID STREETS TO BE IMPROVED AS FOLLOWS: 1. COMANCHE STREET, FROM PORT.AVENUE INTERSECTION TO INTERSECTION OF PALM DRIVE, WILL BE 44 FEET WIDE FACE -TO -FACE CURB; Z. BLUNTZER STREETS FROM PORT AVENUE INTERSECTION TO INTERSECTION OF COMANCHE STREET, WILL BE 30 FEET WIDE FACE -TO -FACE CURB; 3. PALM DRIVE, FROM COMANCHE STREET INTERSECTION TO LIPAN STREET INTERSECTION, WILL BE 44 FEET WIDE FACE -TO -FACE CURB; 4. BEACH AVENUE, FROM U(%,S. HIGHWAY 181 (FRONTAGE ROAD) TO TIMON BLVD. INTERSECTION, WILL BE CFO FEET WIDE FACE -TO -FACE CURB; 5. PUEBLO STREET, FROM BALDWIN BLVD. TO PINE STREET INTERSECTIONS WILL BE 30 FEET WIDE FACE -TO -FACE CURB; G. FIFTEENTH STREET, FROM BALDWIN BLVD. INTERSECTION _ TO INTERSECTION OF CRAIG STREET, WILL BE 30 FEET WIDE FACE -TO -FACE CURB. THE IMPROVEMENTS OF THESE STREETS WILL CONSIST GENERALLY OF EXCAVATION TO A WIDTH AND DEPTH TO PERMIT THE CONSTRUCTION OF CONCRETE CURBS AND GUTTERS 4 FEET WIDE, 4 INCHES THICK REINFORCED CONCRETE SIDEWALKS, t -INCH THICK REINFORCED CONCRETE DRIVEWAYS AND A TRIPLE COURSE ASPHALT SURFACE ON A COMPACTED SUBGRADE AND 8 -INCH COMPACTED CALICHE BASES AND THE ADJUST- MENT OF EXISTING STORM SEWERS AND/OR THE INSTALLATION OF ADDITIONAL STORM SEWERS AND APPURTENANCES NECESSARY FOR PROPER`H' DRAINAGE OF IMPROVED STREETS. ANY EXISTING CURBS AND GUTTERS SIDEWALKS OR CONCRETE. DRIVEWAYS IN PLACES MEETING THESE SPECIFICATIONS OR WHICH CAN BE UTILIZED, IF ANY, SHALL BE LEFT IN PLACE, AND CORRESPONDING CREDITS TO THE PROPERTY OWNERS SHALL BE ALLOWED ON THE ASSESSMENTS. SECTION 3. IN PROVIDING FOR AND MAKING SUCH IMPROVEMENTS THE CITY COUNCIL HEREBY DETERMINED TO PROCEED UNDER AND IN THE EXERCISE OFD THE POWERS, TERMS, AND PROVISIONS OF SECTION 6 OF ARTICLE Z OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AS SET OUT IN THE ACTS OF THE R FIRST - CALLED SESSION OF THE 40TH LEGISLATURE 4OF THE STATE OF TEXAS c1927i, • -2- • 7 • CHAPTER 106, SAID ACT BEING COMMONLY KNOWN AS ARTICLE 1105 -B, REVISED CIVIL STATUTES OF TEXAS 1925, AS AMENDED. SECTION 4. THE DIRECTOR OF PUBLIC WORKS FOR THE CITY OF CORPUS CHRISTI,`TEXAS, IS HEREBY DIRECTED TO PREPARE FORTHWITH AND FILE WITH THE CITY COUNCIL COMPLETE PLANS ANDSPECIFICATIONS FOR SUCH PROPOSED IMPROVEMENTS COVERING THE TYPE OF PAVEMENTS SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS, AND OTHER INCIDENTALS AND APPURTENANCES HEREINABOVE SET FORTH. SECTION 5. THE COST OF SAID IMPROVEMENTS SHALL BE PAID AS FOLLOWS: A. THE CITY OF CORPUS CHRISTI SHALL PAY THE WHOLE COSTS - OF CONSTRUCTIONS RECONSTRUCTIONS OR REPAIR OF THE CURBS GUTTERS, SIDEWALKS AND DRIVEWAYS WITHIN THE INTERSECTION OF SAID STREET WITH OTHER STREETS AND ALLEYS, THE WHOLE COST OF CONSTRUCTION OF STORM SEWERS AND APPURTENANCES THEREOF IF ANY, AND SHALL PAY NOT LESS THAN ONE -TENTH OF THE TOTAL REMAINING COST OF SAID IMPROVEMENTS EXCLUSIVE OF THE COST OF THE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS IN FRONT OF THE RESPECTIVE PROPERTIES ABUTTING SAID STREET. B. THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS ABOVE DEFINED AND THE REAL AND TRUE OWNERS THEREOF SHALL BE ASSESSED AND PAY THE ENTIRE COST AS DETERMINED BY FULL CON- TRACT COST OF CURBS AND GUTTERS, AND NEW DRIVEWAYS AND SIDE - WALKS EXCLUSIVE OF ENGINEERING COSTS AND EXCLUSIVE OF COST FOR EXCAVATION FOR BASES AND EXCLUSIVE OF STORM SEWER COST. SAID AMOUNT, PAYABLE BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, SHALL NOT IN ANY CASE EXCEED ALL OF THE COST OF CONSTRUCTING, RECONSTRUCTING, REPAIRING AND REALIGNING CURBS, GUTTERS AND SIDEWALKS AND 9 /10THS OF ALL OF THE REMAINING COSTS OF SUCH IMPROVEMENTS. THE AMOUNT PAYABLE BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, SHALL BE ASSESSED AGAINST SUCH PROPERTY AND THE REAL -3- AND TRUE OWNERS THEREOF, AND SHALL CONSTITUTE A FIRST AND PRIOR LIEN UPON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF, AND SHALL BE PAYABLE AS FOLLOWS TO -WIT: THAT SAID ASSESSMENT SHALL BE PAYABLE BY THE OWNERS OF SAID ABUTTING PROPERTY IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: 1. ALL IN CASH WITHIN 20 DAYS AFTER THE COMPLETION OR ACCEPTANCE BY THE CITY; ORS 2. PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENTS AND THE ACCEPTANCE THEREOF BY THE CITY, AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) OR LESS EQUAL CONSECUTIVE MONTHLY IN- STALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULL, TOGETHER WITH INTEREST FROM THE DATE OF SAID COMPLETION AND ACCEPTANCE BY THE CITY UNTIL PAID AT THE RATE OF FIVE (5) PERCENT PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION 11211 OR "3" ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE, OR ALL, OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED, TO THE DATE OF PAY- MENT; FURTHER, THAT IF DEFAULT BE MADE IN PAYMENT OF ANY OF SAID INSTALLMENTS OF PRINCIPAL OR INTEREST, PROMPTLY, AS SAME MATURES, THEN AT THE OPTION OF THE CONTRACTORS OR ASSIGNS, -4- THE ENTIRE AMOUNT OF THE ASSESSMENT UPON WHICH SUCH DEFAULT IS MADE SHALL BE AND BECOME IMMEDIATELY DUE AND PAYABLE, TOGETHER WITH REASONABLE ATTORNEY'S FEES AND COLLECTION COSTS IF INCURRED; HOWEVER IT IS SPECIFICALLY STIPULATED AND PROVIDED THAT NO ASSESSMENT SHALL IN ANY CASE BE MADE AGAINST ANY PROPERTY, OR THE REAL AND TRUE OWNERS THEREOF IN EXCESS OF THE SPECIAL BENEFITS TO ACCRUE TO SUCH PROPERTY IN THE ENHANCED VALUE THERE- OF RESULTING FROM SAID IMPROVEMENTS. SECTION 6. IT IS FURTHER PROVIDED AS IS STIPULATED BY THE PRO- VISIONS OF SAID CHARTER AND LAWS ABOVE IDENTIFIED THAT SAID IMPROVEMENTS MAY BE OMITTED IN FRONT OF ANY PROPERTY EXEMPT FROM THE LIEN OF SPECIAL ASSESSMENT FOR STREET IMPROVEMENTS WITHOUT INVALIDATING OR AFFECTING,THE ASSESSMENTS AGAINST THE OTHER PROPERTY ABUTTING UPON SAID STREET. FURTHER THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, IS HEREBY AUTHORIZED AND DIRECTED TO PREPARE A NOTICE IN THE NAME OF SAID CITY OF THE ACTION TAKEN HEREIN AND TO HAVE SAME FILED BY THE COUNTY CLERK OF NUECES COUNTY TEXAS, AMONG THE MORTGAGE RECORDS OF SAID COUNTY. SECTION 7. THE FACT THAT THERE IS BADLY NEEDED AT THIS TIME PERMA- NENT STREET IMPROVEMENTS ON THE AFORESAID STREETS WITHIN THE LIMITS HEREIN - ABOVE DEFINED] AND THE FURTHER FACT THAT THE PRESENT CONDITION OF SAID PORTION OF SAID STREETS IS DANGEROUS TO THE HEALTH AND PUBLIC WELFARE OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI DUE TO THE CONDITIONS AND INCREASE OF TRAFFIC ALONG SAID PORTION OF SAID STREET CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXISTS AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE 0 BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFT ITS PASSAGE, IT>IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF A.D., 1965. V ATTEST: MAYO ._ 19 E CITY OF CORPUS CHRISTI, TEXAS CITY SECR TARY APPRO ED AS TO LEGAL FORM THIS DAY OF AUGUST, 1965: -4k CITY ATTORNEY y � 1 CORPUS CHRISTI, TEXAS DAY OF 14-11 TO THE MEMBERS OF THE CITY COUNCIL. CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EX15T FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, �r V Y R en1 THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCI VER FURMAN JACK BLACKMON PATRICK J. DUNNE / DR. P. JIMENEZ, JR. ✓ KEN MCDANIEL RONNIE SIZEMORE ,•// WM. H, WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: DR. MCIVER FURMAN//__ JACK BLACKMON ✓ /// PATRICK J. DUNNE DR. P. JIMENEZ, JR. ^' KEN MCDANIEL J RONNIE SIZEMORE WM. H. WALLACE